Nearly one-quarter of the forty Atlantic City voters subpoenaed in a legal challenge to a Democratic city council primary last June showed up to court, including former Council President Craig Callaway, leaving Superior Court Judge Michael Blee to consider sanctions against the no-shows.
But allegations that Callaway and others improperly assisted some voters inside voting booths, challenges to the residency of others, might not be enough to overturn incumbent LaToya Dunston’s six-vote victory over Viana Bailey in the 2023 primary election.
One voter who sought help with new machines said he was not influenced by the person who assisted him.
“I was going to vote for Ms. Dunston anyway,” he said from the witness stand today.
Dunston’s attorney, Matt Moench, disputed the testimony of a process server who testified that he attempted to deliver a subpoena only to find that the house had been torn down. Moench showed that the person had gone to a house a block away, demonstrating for Blee that Google Maps brought him to a different address.
Dunston had no Republican opponent in the general election and was sworn in this month to another term as a councilwoman.
Blee said he would issue a final ruling on February 5 after attorneys agreed to submit briefs instead of oral arguments.